NC Register Volume 23 Issue 09 - Office of Administrative Hearings

PROPOSED RULES
Authority G.S. 17C-6; 17C-10.
Salemburg, North Carolina 28385
SUBCHAPTER 09G - STANDARDS FOR CORRECTIONS
EMPLOYMENT, TRAINING, AND CERTIFICATION
SECTION .0100 - SCOPE, APPLICABILITY, AND
DEFINITIONS
12 NCAC 09G .0102 DEFINITIONS
The following definitions apply throughout this Subchapter only:
(1) "Commission of an offense" means a finding
by the North Carolina Criminal Justice
Education and Training Standards
Commission or an administrative body that a
person performed the acts necessary to satisfy
the elements of a specified offense.
(2) "Convicted" or "Conviction" means and
includes, for purposes of this Subchapter, the
entry of:
(a)
(b)
(c)
a plea of guilty;
a verdict or finding of guilt by a jury,
judge, magistrate, or other duly
constituted, established adjudicating
body, tribunal, or official, either
civilian or military; or
a plea of no contest, nolo contendere,
or the equivalent.
(3) "Correctional Officer" means an employee of
the North Carolina Department of Correction,
Division of Prisons, responsible for the
custody of inmates or offenders.
(4) "Corrections Officer" means any or all of the
three classes of officers employed by the
North Carolina Department of Correction:
correctional officer; probation/parole officer;
and probation/parole officer-intermediate.
(5) "Criminal Justice System" means the whole of
the State and local criminal justice agencies
including the North Carolina Department of
Correction.
(6) "Director" means the Director of the Criminal
Justice Standards Division of the North
Carolina Department of Justice.
(7) "Educational Points" means points earned
toward the State Correction Officers'
Professional Certificate Program for studies
satisfactorily completed for semester hour or
quarter hour credit at a regionally accredited
institution of higher education. Each semester
hour of college credit equals one educational
point and each quarter hour of college credit
equals two-thirds of an educational point.
(8) "High School" means graduation from a high
school that meets the compulsory attendance
requirements in the jurisdiction in which the
school is located.
(9) "Misdemeanor" for corrections officers means
those criminal offenses not classified under the
laws, statutes, or ordinances as felonies.
Misdemeanor offenses for corrections officers
are classified by the Commission as follows:
(a) 14-2.5 Punishment for attempt
(offenses that are Class A-1
misdemeanor)
(b) 14-27.7 Intercourse and sexual
offenses with certain victims (If
defendant is school personnel other
than a teacher, school administrator,
student teacher or coach)
(c) 14-32.1(f) Assault on
handicapped persons
(d) 14-32.2(b)(4) Patient abuse and
neglect, punishments
(e) 14-32.3(c) Exploitation by
caretaker of disabled/elder adult in
domestic setting; resulting in loss of
less than one thousand dollars ($l000)
(August 1, 2001-December 1, 2005.
Repealed December 1, 2005)
(f) 14-33(b)(9) Assault, battery
against sports official
(g) 14-33(c) Assault, battery
with circumstances
(h) 14-34 Assault by pointing
a gun
(i) 14-34.6(a) Assault on
Emergency Personnel
(j) 14-54 Breaking or
Entering into buildings generally (14-
54(b))
(k) 14-72 Larceny of property;
receiving stolen goods etc.; less than
not more than one thousand dollars
($1000.00) (14-72(a))
(l) 14-72.1 Concealment of
merchandise (14-72.1(e); 3 rd or
subsequent offense)
(m) 14-76 Larceny,
mutilation, or destruction of public
records/papers
(n) CH 14 Art. 19A False/fraudulent use
(o)
of credit device (14-113.6)
CH 14 Art. 19B Financial
transaction card crime (14-113.17(a))
(p) 14-114(a) Fraudulent disposal
of personal property on which there is
a security interest
(q)
(r)
(s)
(t)
14-118 Blackmailing
14-118.2 Obtaining academic credit
by fraudulent means (14-118.2(b))
14-122.1 Falsifying documents issued
by a school (14-122.1(c))
14-127 Willful and wanton injury to
real property
23:09 NORTH CAROLINA REGISTER NOVEMBER 3, 2008
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